Davis v. State

CRANDALL, Presiding Judge.

Movant, Byron Davis, appeals from the denial of his Rule 24.035 motion without an evidentiary hearing. Movant sought to vacate his plea of guilty to possession of a controlled substance and his sentence as a persistent drug offender to imprisonment for twelve years. We affirm.

Movant pleaded guilty to possession of a controlled substance and was found to be a persistent drug offender. Possession of a controlled substance is a class C felony. § 195.202.2, RSMo (Cum.Supp.1992). The persistent drug offender sentencing statute, section 195.285.2, RSMo (Cum.Supp.1992),…